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Allowed4 September 20233317979

Charlesworth Nursery & Garden Centre, Glossop Road, Charlesworth, Derbyshire, SK13 5HB

Planning appeal 3317979 at Charlesworth Nursery & Garden Centre, Glossop Road, Charlesworth, Derbyshire, SK13 5HB (High Peak Borough Council) was allowed on 4 September 2023 by Inspector Hickey A, by written representations. The main issue, as the Inspector framed it: whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies.

2 no. dormer bungalows with associated access, infrastructure and landscaping works following the demolition of garden centre buildings

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hickey A
Postcode
SK13 5HB

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
  • whether the appeal site is a suitable location for the development having regard to the development plan policies
  • the effect of the proposed development on biodiversity
  • whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal

What decided it

The proposal met the limited infilling exception in paragraph 149(e) of the Framework and the biodiversity harm was not significant, such that the benefits of housing delivery outweighed the limited environmental harm when assessed against the Framework as a whole.

The modest social benefits of providing two new homes, short-term economic benefits from construction, and environmental benefits from hedgerow and bat/bird box provision outweighed the little weight attached to the small loss of poor-quality biodiversity habitat, resulting in permission being granted.

What the Inspector cited

Development plan policies
Policy EQ4Policy EQ3Policy EQ5Policy H1
National Planning Policy Framework
Paragraph 11Paragraph 147Paragraph 149Paragraph 174Paragraph 180
Judgments
Julian Wood v SSCLG, Gravesham Borough Council [2015] EWCA Civ 195

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in High Peak

The authority’s record since 2016 · every decision in 2023

  1. Allowed12 May 20266004024
    154 Manchester Road, Chapel En Le Frith, Derbyshire, SK23 9TP
  2. Dismissed6 May 20266006557
    Elvista, 12 Jones Street, Hadfield, Glossop, Derbyshire, SK13 1BZ
  3. Allowed12 February 20266001092
    66 Chunal Lane, Glossop, Derbyshire, SK13 6JX
  4. Dismissed10 February 20266001354
    Land East of Linglongs Road, Whaley Bridge, SK23 7DU
  5. Dismissed21 January 20263372294
    Cote Bank Farm, Unnamed Road From Stubbins Lane To Tithe Barn Farm, Chinley, Derbyshire, SK23 7NP

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.